The Testimony of J.W. Foster was taken at 1:30 a.m., on April 9, 1964, in the office of the U.S. attorney, 301 Post Office Building, Bryan and Ervay Streets, Dallas, Tex., by Mr. Joseph A. Ball, assistant counsel of the President's Commission.

Mr. BALL - Do you solemnly swear that the testimony you are about to give before this Commission will be the truth, the whole truth, and nothing but the truth, so help you God?
Mr. FOSTER - I do.
Mr. BALL - Mr. Foster, we have requested Chief Curry to have you come in and testify in this matter before this Commission. This Commission was established to investigate the facts and circumstances surrounding the assassination of President Kennedy.
Mr. FOSTER - Yes, sir.
Mr. BALL - And my name is Joseph A. Ball. I am a staff officer, staff counsel with the Commission. I would like to ask you some questions about this matter. You are willing to testify, aren't you?
Mr. FOSTER - Yes, sir.
Mr. BALL - Will you state your address?
Mr. FOSTER - 309 Cooper Street. I just moved.
Mr. BALL - What is your occupation?
Mr. FOSTER - I am a police officer.
Mr. BALL - Dallas Police Department?
Mr. FOSTER - Yes, sir.
Mr. BALL - Patrolman?
Mr. FOSTER - Yes, sir.
Mr. BALL - How long have you been on the police department?
Mr. FOSTER - Nine years.
Mr. BALL - Where were you born and raised?
Mr. FOSTER - In Hill County, town of Hillsboro.
Mr. BALL - What was your education?
Mr. FOSTER - Well --
Mr. BALL - Where did you go to school?
Mr. FOSTER - Hillsboro.
Mr. BALL - How far through school?
Mr. FOSTER - Ninth grade.
Mr. BALL - What did you do after that?
Mr. FOSTER - Service.
Mr. BALL - What branch? Army or Navy --
Mr. FOSTER - Army.
Mr. BALL - Then what did you do?
Mr. FOSTER - Carpenter, worked for about 9 years.
Mr. BALL - Then what did you do?
Mr. FOSTER - Come to work here.
Mr. BALL - On the police department?
Mr. FOSTER - Yes.
Mr. BALL - What kind of work were you doing in November of 1963, for the Dallas Police Department?
Mr. FOSTER - I was working in the traffic division, investigation of accidents.
Mr. BALL - Investigation of accidents?
Mr. FOSTER - Yes, sir.
Mr. BALL - Did you have a special assignment on November 22?
Mr. FOSTER - Yes, sir.
Mr. BALL - 1963. And what was that?
Mr. FOSTER - That was assigned to the triple overpass to keep all unauthorized personnel off of it.
Mr. BALL - That was the overpass, the railroad overpass?
Mr. FOSTER - Yes, sir.
Mr. BALL - Do you - the overpass runs in a north-south direction?
Mr. FOSTER - Yes, sir.
Mr. BALL - And you call it the triple overpass, why?
Mr. FOSTER - Three streets coming through there.
Mr. BALL - What are they?
Mr. FOSTER - Commerce, Main, and Elm.
Mr. BALL - I have a map that I will - just a moment. I will get it.
Mr. FOSTER - All right.
(off the record)
Mr. BALL - Tell me where you were standing on the triple overpass about the time that the President's motorcade came into sight?
Mr. FOSTER - I was standing approximately along the - I believe the south curb of Elm Street.
Mr. BALL - Were you on the overpass?
Mr. FOSTER - Yes, sir; at the east - be the east side of the overpass.
Mr. BALL - On the east side of the overpass?
Mr. FOSTER - Yes, sir.
Mr. BALL - Then was there another officer assigned to that same position?
Mr. FOSTER - He was assigned to the overpass with me; yes, sir.
Mr. BALL - What is his name?
Mr. FOSTER - J.C. White.
Mr. BALL - Where was he?
Mr. FOSTER - He was on the west side of the overpass.
Mr. BALL - You were on the east side?
Mr. FOSTER - Yes, sir.
Mr. BALL - Off the record.
(discussion off the record)
Mr. BALL - Let's go back on the record. Now we have a map here which we will mark as Exhibit A for your deposition.
Mr. FOSTER - Yes, sir.
Mr. BALL - And it shows the railroad overpass running in a north and south direction, is that right?
Mr. FOSTER - Yes, sir.
Mr. BALL - Over that pass comes trains into the yard, is that right?
Mr. FOSTER - Yes, sir.
Mr. BALL - And that yard is to the north and west of the Texas Book Depository Building?
Mr. FOSTER - Well, that whole thing, they have yards all over up there.
Mr. BALL - In what general direction from the Texas Scholl Book Depository Building?
Mr. FOSTER - They have yards to the north, and some to the south of it down below the Terminal.
Mr. BALL - There are yard south?
Mr. FOSTER - They have yards here[indicating].
Mr. BALL - That is north and west?
Mr. FOSTER - Yes, sir,
Mr. BALL - And also south?
Mr. FOSTER - That's right.
Mr. BALL - Now, did you see the President's motorcade come into sight?
Mr. FOSTER - Yes, sir.
Mr. BALL - Where did you see it? Where was it when you saw it?
Mr. FOSTER - When I first saw it it was coming off of Main Street onto Houston.
Mr. BALL - And did you keep it in sight?
Mr. FOSTER - Yes, sir; it was in sight most of the time.
Mr. BALL - Now where were you standing?
Mr. FOSTER - Standing along the east curb of - east side of the overpass over Elm Street there, above the south curb.
Mr. BALL - Over, above the south curb of Elm?
Mr. FOSTER - Yes, sir.
Mr. BALL - Will you put a mark on there? Mark an "X" where you were standing and write your initials right next to that "X". J. - What are the initials?
Mr. FOSTER - J.W.
Mr. BALL - J.W.F. That marks where you were standing.
Mr. FOSTER - Approximately; yes, sir.
Mr. BALL - Did you keep the President's motorcade in sight after it turned?
Mr. FOSTER - Other than watching the men that were standing on the overpass there with me.
Mr. BALL - Now, you had instructions to keep all unauthorized personnel off of that overpass?
Mr. FOSTER - Yes, sir.
Mr. BALL - Did you do that?
Mr. FOSTER - Yes, sir.
Mr. BALL - Did you permit some people to be there?
Mr. FOSTER - Yes, sir.
Mr. BALL - Who?
Mr. FOSTER - People that were working for the railroad there.
Mr. BALL - Were there many people?
Mr. FOSTER - About 10 or 11.
Mr. BALL - Where were they standing?
Mr. FOSTER - They were standing along the east banister.
Mr. BALL - The east banister?
Mr. FOSTER - Yes, sir; in front of me.
Mr. BALL - In front of you. Will you mark there and show the general area where they were standing?
Mr. FOSTER - They were standing along this area here [indicating].
Mr. BALL - You have marked a series of X's to show where about 10 people were standing?
Mr. FOSTER - Yes, sir.
Mr. BALL - Were you looking toward them?
Mr. FOSTER - Yes, sir.
Mr. BALL - Did you have another officer with you there on duty that day?
Mr. FOSTER - Not on that side. He was on the west side.
Mr. BALL - He was on the west side?
Mr. FOSTER - Yes, sir.
Mr. BALL - What was his name?
Mr. FOSTER - J.C. White.
Mr. BALL - Do you know exactly where he was when you were at the position you have indicated?
Mr. FOSTER - No; I don't. The only thing I know, he was supposed to be on the west side of the banister.
Mr. BALL - You were looking to the east?
Mr. FOSTER - Yes, sir.
Mr. BALL - Now, tell me what you saw happen after the President's car passed - turned onto Elm from Houston.
Mr. FOSTER - After he came onto Elm I watched the men on the track more than I was him. Then I heard this loud noise, sound like a large firecracker. Kind of dumbfounded at first and then heard the second one. I moved to the banister of the overpass to see what was happening. Then the third explosion, and they were beginning to move around. I ran after I saw what was happening.
Mr. BALL - What did you see was happening?
Mr. FOSTER - Saw the president slump over in the car, and his head looked just like it blew up.
Mr. BALL - You saw that did you?
Mr. FOSTER - Yes, sir.
Mr. BALL - And what did you do then?
Mr. FOSTER - Well, at that time I broke and ran around to my right - to the left - around to the bookstore.
Mr. BALL - Now, did you have any opinion at that time as to the source of the sounds, the direction of the sounds?
Mr. FOSTER - Yes, sir.
Mr. BALL - What?
Mr. FOSTER - It came from back in toward the corner of Elm and Houston Streets.
Mr. BALL - That was you impression at that time?
Mr. FOSTER - Yes, sir.
Mr. BALL - Was any shot fired from the overpass?
Mr. FOSTER - No, sir.
Mr. BALL - Did you see anyone with a weapon there?
Mr. FOSTER - No, sir.
Mr. BALL - Or did you here any sound that appeared to come from the overpass?
Mr. FOSTER - No, sir.
Mr. BALL - Where did you go from there?
Mr. FOSTER - Went on around the back side of the bookstore.
Mr. BALL - Immediately?
Mr. FOSTER - Yes, sir.
Mr. BALL - Did you see anybody coming out that side of the bookstore?
Mr. FOSTER - No, Sir.
Mr. BALL - Back side? What do you mean by that?
Mr. FOSTER - Well I guess you would say the northwest side of it.
Mr. BALL - Were there any people in the railroad yards around the bookstore at that time?
Mr. FOSTER - Yes, sir. There was a pretty good crowd beginning to gather back in that area.
Mr. BALL - At that time?
Mr. FOSTER - Yes, sir.
Mr. BALL - Had you seen anybody over at the railroad yard north and west of the bookstore before you heard the shots fired?
Mr. FOSTER - No; other than people that had come up there and I sent them back down the roadway.
Mr. BALL - I see. People had attempted to get on the overpass there?
Mr. FOSTER - Yes, sir.
Mr. BALL - And you had sent them away?
Mr. FOSTER - yes, sir.
Mr. BALL - When you got over to the School Book Depository Building, what did you do?
Mr. FOSTER - I was standing around in back there to see that no one came out, and the sergeant came and got me and we were going to check the - all the railroad cars down there.
Mr. BALL - Who was that sergeant?
Mr. FOSTER - Sergeant came up there.
Mr. BALL - Did you search the railroad cars?
Mr. FOSTER - No; he sent me back down to the inspector. Told me to report back to Inspector Sawyer.
Mr. BALL - Where?
Mr. FOSTER - At the front of the book Depository.
Mr. BALL - Did you talk to Sawyer there?
Mr. FOSTER - Yes, sir.
Mr. BALL - Did you tell sergeant or Sawyer, either one where you thought the shots came from?
Mr. FOSTER - Yes, sir.
Mr. BALL - What did you then tell them?
Mr. FOSTER - Told them it came from the vicinity up around Elm and Houston.
Mr. BALL - Did you tell the sergeant that first, or did you tell that to Sawyer?
Mr. FOSTER - Told that to inspector Sawyer.
Mr. BALL - You told that to Sawyer?
Mr. FOSTER - Yes, sir.
Mr. BALL - Did you tell that to the sergeant?
Mr. FOSTER - I don't know whether I told the sergeant or not.
Mr. BALL - What did you do after that?
Mr. FOSTER - I moved to -down the roadway there, down to see if I could find where any of he shots hit.
Mr. BALL - Find anything?
Mr. FOSTER - Yes, sir. Found where one shot had hit the turf there at the location.
Mr. BALL - Hit the turf?
Mr. FOSTER - Yes, sir.
Mr. BALL - Did you see any marks on the street in anyplace?
Mr. FOSTER - No, a manhole cover. It was hit. they caught the manhole cover right on the corner and -
Mr. BALL - You saw a mark on the manhole cover did you?
Mr. FOSTER - Yes sir.
Mr. BALL - I show you a picture here of a concrete slab. or manhole cover. Do you recognize that picture?
Mr. FOSTER - Yes, sir.
Mr. BALL - Does the picture show - tell me what it shows there.
Mr. FOSTER - This looks like the corner here where it penetrated the turf right here [indicating].
Mr. BALL - See any mark on the manhole cover?
Mr. FOSTER - No, sir; I don't. not on the - well, it is on the turf, on the concrete, right in the corner.
Mr. BALL - Can you put an arrow showing the approximate place you saw that?
Mr. FOSTER - Should have been approximately along here[indicating].
Mr. BALL - Make it deep enough to mark. The arrow marks the position that you believe you saw the mark on the pavement?
Mr. FOSTER - Yes, sir.
Mr. BALL - It was not on the manhole cover?
Mr. FOSTER - No, sir.
Mr. BALL - Went into the turf?
Mr. FOSTER - Yes, sir.
Mr. BALL - Did you recover any bullet?
Mr. FOSTER - No, sir. It ricocheted on out.
Mr. BALL - Did you have the crime lab make a picture of that spot?
Mr. FOSTER - I called them to the location.
Mr. BALL - And told them to make a picture?
Mr. FOSTER - On, I didn't tell them. Called them to the spot and let them take it. Can I see the picture?
Mr. BALL - Yes, sir. Is this the picture?
Mr. FOSTER - That resembles the picture.
Mr. BALL - I offer this as "B" then. Mark it as "B" so that we have "A" and "B" now. Officer, this will be written up and submitted to you for your signature and you can read it over and change it any way you wish, or you may waive your signature at this time, which do you prefer?
Mr. FOSTER - Well, it doesn't matter.
Mr. BALL - Suit yourself. You make the choice.
Mr. FOSTER - I would just as soon go ahead and sign it.
Mr. BALL - All right. We will notify you and you can get in here and sign it.
Mr. FOSTER - All right.
Mr. BALL - Than you. One moment please. Who gave you your assignment, Mr. Foster?
Mr. FOSTER - Sergeant Harkness.
Mr. BALL - You did permit some railroad employees to remain on the overpass?
Mr. FOSTER - Yes, sir.
Mr. BALL - How did you determine they were railroad employees?
Mr. FOSTER - By identification they had with them. Identification they had and the other men that was with them verifying that they were employees.
Mr. BALL - Okay.